EHCP support thread no. 2

[Phineyj]

This is a support thread for anyone at any stage of the EHCP process. I've got an 11 year old girl in year 6 of a mainstream private primary school. I've been seeking an EHCP since she was in year 5, to support her transition to secondary school. She is diagnosed with ASD and ADHD and is working about two years behind age related expectations. Our local authority refused to assess and refused to issue. We are currently in the 11 month wait for a second tribunal which I am hoping (but not sure) will take place before she actually goes to secondary, although I doubt the actual EHCP will be finalised by then. In the meantime I've been enjoying (not) learning all these acronyms and trying to support other people in this journey. In my spare time, I'm a secondary school teacher.

If you, too, are drowning in acronyms and paperwork while finding your local authority (LA) as useful as a chocolate teapot, join your fellow travellers here!

@Phineyj yes aware that I won't have an EHCP by the time applications for secondary roll around. I can't find any schools nearby that would be a better fit for her than the 3 we're likely in catchment for. I'm just hoping an EHCP would mean she gets the support she needs 🤷🏼‍♀️

@Phineyj try not to stress, it sounds like this is something that the LA like to do just to cause unnecessary problems. Hang in there.

Question from me, DD is 3 and currently in the assessment stage of an EHCP. We receive a decision in July as to whether they’ll issue or not. I’m hoping to move house by September (will still stay in the borough) and now that DS is 2, I’d also like for him to go to nursery.

My thing is, DS has way more complex needs due to his disability and I don’t think DD’s nursery is suitable for him. Ideally, I want both children in the same nursery. If I move DD to a different nursery (still in the borough) will that impact her EHCP if the LA decide to issue? Will the LA suggest that DD needs time to settle into the new nursery and if that nursery can’t support her needs, apply for an EHCP all over again?

I need to make sure the children are in a nursery that’s suitable for both of them and that really isn’t DD’s nursery!

I would try to keep DD in the same nursery until either the LA finalise an EHCP or refuse to issue. Otherwise if the LA issue an EHCP it could mean two moves in quick succession. And LAs do sometimes refuse to issue by unlawfully saying DC need time to settle and then they will reconsider.

Do you think DD is going to need a specialist nursery? I ask because from your posts I suspect DS will need a specialist nursery at some point.

@SearchingForSolitude let’s saw July comes around and the LA say they’ll issue, DD moves nursery in September, by the time the EHCP is in the draft stages, couldn’t the new nursery be named instead of her having to move once again? I hope that makes sense.

You’re right about DS, he’ll definitely need to go to one. I’m not sure about DD. She seems to be doing okay. I would prefer her to go to a nursery where there’s a smaller group of kids and slightly more staff. We have one near us which is perfect for both DD and DS but I don’t want to mess anything up….

@MinnieTruck you could state the new nursery is your preferred placement, but there is no guarantee it will be named, especially if it is an independent setting. If the LA doesn’t name the new nursery you could then be in a situation of another move shortly after starting the new nursery.

Thanks for the moral support, guys. @Macramepotholder I've just made a second formal complaint in less than a year so it's just possible someone in management gave the SEN unit a rocket I suppose...the timing was certainly suspicious especially given the grudging apology!

@addies your strategy sounds pretty sensible to me.

We have to plan for the worst and expect the best I guess.

@SearchingForSolitude I’ve got you, that makes sense so thank you for explaining. I’ll wait until July to see what the decision is and then go from there

We're still waiting for some schools to respond to the consultation, so our case worker said she'll probably finalise this week without the specific setting named and then amend. She said she could amend as soon as the consultations are in but she also said the final plan has to be approved at a managers' meeting and they're only fortnightly, so the next one isn't until the end of the month. She said the managers will also decide then if they're going to increase the funding band as one school implied that the band in the draft didn't cover enough of the costs.

I'm just a little confused how she can 'finalise' when it sounds like she's saying it won't really be final until the managers approve it?

It sounds like she could amend and name a school after the consultation responses are back but the managers could then potentially change it? Does any of this make sense? How much is under the case worker's control?

It can be finalised with just a type of setting named @SpaceInvader321. This opens up your right to appeal because they haven’t named a school. I’d guess that she means submit it to the managers meeting though, who actually finalise it. Just a bit of verbal shorthand.

@SpaceInvader321 it may be your case has already been discussed at the meeting so to finalise within just a type or with I blank doesn’t need to be discussed again. Or it may be there isn’t actually a meeting!

As soon as the LA finalises it becomes legally binding. The LA can amend at a later date but they still have to follow the correct procedure. If the LA finalises either with I blank or just naming type you should appeal.

Or it may be there isn’t actually a meeting!

I thought the same thing!

Let's see what happens. Tomorrow is the big day. I wrote what I think was a strong statement for our school preference. I'll be surprised if anything comes through before 5pm and not at all surprised if nothing at all comes and I have to chase on Monday. Fingers crossed for a pleasant surprise.

Does anyone know if I can complain if schools are taking longer than they're meant to to respond to a consultation? The LA is consulting with two entirely unsuitable secondary schools for my DS and they haven't replied yet. I'm watching it get closer to half term and the school year is running out. At this rate my son will have no secondary school place for September despite his current school having a space they are keeping for them that the LA just don't want to pay for.

@UnendingSaga you can complain, but focus on the LA. Since you are in appeal, assuming there is still time before the deadline, they may try to say they have time yet. If the LA doesn’t have a school to put on the table their games are just delaying tactics because they won’t stand a chance at appeal.

Of course finalisation day couldn't go smoothly. As our case worker hasn't replied about outstanding school consultations that I requested weeks ago, I called one of the schools this morning and they said they never received any consultation request from the LA!

I've emailed the case worker and SEN team asking them to confirm the dates the consultations were sent. Haven't heard back yet.

I really can't believe it, yet I can. I guess I should definitely be preparing the appeal docs. Any other advice?

Also, if some of the schools are in a different LA, does my LA need to consult with that LA as well as with the schools? Should I be asking for proof that they have done that too?

@SearchingForSolitude thank you. The case worker replied today and one of the schools has come back with a no so that's one off the list. The other two are being chased. It's been slightly hampered by my case worker going off sick so the schools may have responded but it's sitting in an inbox where nobody could see it and I don't think anyone picked up our case until I emailed. It's in hand now though

Interestingly they have thrown a new school into the mix that I wasn't aware of. It actually looks potentially ok, although I'm not 100% sure. I'll be interested what they come back as.

I've also confirmed with the LA that the school we want is holding a place for my DS. The caseworker said she would pass that on when it goes back to panel. If they do end up with three saying no maybe they'll give in.

I was looking at this today as one of ours is in a neighbouring borough and a LA school. They do consult but they don't need permission, so your LA could name the school even if the school or the school LA don't want them too.

Hello all, quick question re targets for EHCP.

I have the draft which I shall summarise as "meh".

I need to write SMART targets for everything as what they've included is vague, unmeasurable and only relates to end of year 7 (child is currently year 6).

When SOSSEN says targets should be short, medium and long term, what do they mean? Would it be end of KS3, KS4, KS5?

I feel like with all this mention of year 7 it gives them far too much ammunition to cancel it in a year's time!

Also, I will start Thread no. 3 later so we don't run out of space.

Some good news from me this week. We had our B&F appeal hearing; 2 mins before the deadline to join the hearing the LA emailed a revised working document conceding everything bar three points (all to do with the qualifications of staff).

They had all the relevant evidence for over a year, but waited, I guess to maximise savings, and to leverage the deterrent effect of having to go to a hearing.

Anyhoo, outstanding issues were resolved, so should get the revised plan shortly containing much better specified provision, including things I was told would never be provided. And as a bonus, section E amends were accepted - which is hugely helpful and actually makes the thing relevant to DC.

Obviously there is now going to be a battle to actually get any of it delivered, (a big battle given experiences to date at School), but at least most of it is now a lot more enforceable.

So onwards and upwards, shipmates! Particular thanks to @SearchingForSolitude, @Phineyj @Zyq and all other posters for the knowledge exchange and solidarity that has helped to get to this point.

Try a mixture of end of year and end of key stage?

I found it helps if you think about it from the perspective of, 'what would need to be true, in terms of the impact of the provision on my child needs, for outcomes to be fully met. Sorry if that's stating the bleedin' obvious, but it helped me think about steps towards achieving outcomes over short and longer term time horizons.

Obviously outcomes aren't appealable so we don't tend to talk about them much here - but they are powerful, aren't they, in driving the plan, do, review cycle and ultimately questions about maintaining plans.

@Cafetabac congratulations. It is infuriating when LAs wait until the day of the hearing to concede. My LA did it with an appeal for DS1 last year. They turned up late then conceded everything.

@UnendingSaga your LA needed a kick up the arse. A caseworker off sick doesn’t mean things can’t and shouldn’t continue to progress.

@SpaceInvader321, UnendingSaga is right. The LA must consult the other LA, but they don’t need their permission.

@Phineyj do you mean outcomes in E? Despite what many LAs think, they aren’t the same thing as targets. Outcomes are the result of provision, whereas targets are an aim. I have given several LAs the dictionary definition of the words before now. Think about a mixture of short-term for the next year, longer term for the end of KS and further ahead. Remember, the EHCP is reviewed annually. B&F that are the main focus. You can request consequential amendments to E as part of an appeal.

@SearchingForSolitude I know and I have kicked them and that seems to be working. They really should have better systems to pick things up if someone is off long term sick though!

@UnendingSaga it is all about the money. From the LA’s PoV passing the workload on would cost money when some parents wouldn’t chase.

Thanks everyone. It's not the best document for sure. I'll do my best.

But congratulations @Cafetabac!